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HomeMy WebLinkAboutSP200400016 Review Comments Special Use Permit 2004-08-12 Page 1 of 1 "' "Elaine Echols From: Elaine Echols Sent: Thursday, August 12, 2004 3 03 PM To: Don Franco Cc: 'LMeistrell@thekesslergroup.com' Subject: Forest Lakes N and S Clubs Hi Don -- here is the last email, I think. Hopefully, you received the emails from John Kitzmann. My goal is to have a hard number as the limit for numbers of new units that can use the clubs. It should be a number you can both agree to. Zoning and Co. Atty have both said, "no approximates". Right now, this project has been deferred to October. Hopefully, y'all can agree on something in September. If you are able to conclude with a number for the October meeting, please provide that information no later than September 20, if the only change to the conditions reviewed by the Planning Commission is the # of lots. If you want to ask for something different in the conditions, please provide that information no later than September 8. Thanks. Elaine Elaine K. Echols,AICP, Principal Planner Albemarle County Dept. of Planning and Community Development 401 McIntire Road Charlottesville,VA 22902 434/296-5823 x 3252 www.albernarle.org 8/12/2004 Page l of 2 Elaine Echols Ckj(VIAid From: Ella Carey Sent: Monday, July 26, 2004 10:55 AM To: Elaine Echols Subject: RE Forest Lakes North and South Swim and Tennis Clubs I just need to withdraw the advertisement. Is this for both of the sps From: Elaine Echols Sent: Monday, July 26, 2004 10:43 AM To: Ella Carey; Wayne Cilimberg Subject: FW: Forest Lakes North and South Swim and Tennis Clubs what do I need to do to make this indefinite deferral happen? From: DFranco@thekesslergroup.com [mailto:DFranco@thekesslergroup.com] Sent: Monday, July 26, 2004 10:25 AM To: EECHOLS@albemarle.org Cc:jhk@dklawyers.com; gmcgee@mcguirewoods.com Subject: RE: Forest Lakes North and South Swim and Tennis Clubs Elaine: I spoke with John Kitzmann. We are in agreement that the SP should be deferred while several issues between FLA and FLCA are resolved. Therefore, on behalf of FLCA, I am asking you to defer the SP. I will contact you in the near future to establish a new date for the action. Don Original Message From: Elaine Echols [mailto:EECHOLS@albemarle.org] Sent: Friday, July 23, 2004 5:38 PM To: 'jhk@dklawyers.com'; Don Franco; Don Franco (E-mail) Subject: Forest Lakes North and South Swim and Tennis Clubs Dear Mr. Kitzmann and Mr. Franco, At the Planning Commission meeting on Tuesday, July 13, the Planning Commission asked that the staff contact the Community Association and Forest Lakes Association to make sure that the following condition is acceptable to both entities. This is the language that the Commission approved as a condition for both special use permits: The use, as approved, shall be limited to the residents and guests of the following developments: Forest Lakes South, Springridge, Pine Ridge, Lanford Hills, Steeplechase, Amberfield, Cove Pointe, Edgewater, Gateway, Worthcrossing, Chelsea, 7/79/7004 Page 2 of 2 Arbor Lake, Waterford, Watercrest, Copperknoll, Echo Ridge, Ridgefield, Poplar Ridge, Heather Glen, Whispering Woods, Timberwood, Timber Pointe and Autumn Woods and any future contiguous developments not exceeding approximately 125 dwelling units whose use of the facilities is permitted by the owner It is important that both parties agree on acceptable language in order for this item to proceed to the Board of Supervisor's August 4 meeting. Margaret Doherty, the planner who last worked on this project, said that she believed this language was acceptable to both parties; however, I am asking you to please review it and contact me as soon as possible if the language is not acceptable. Thank you. Elaine Echols Principal Planner Albemarle County Planning Dept. Elaine K. Echols,AICP, Principal Planner Albemarle County Dept. of Planning and Community Development 401 McIntire Road Charlottesville,VA 22902 434/296-5823 x 3252 www.albemarle.org 7/29/2004 Page 1 of 3 Elaine Echols From: John H. Kitzmann [jhk@dklawyers.com] Sent: Thursday, August 12, 2004 1:59 PM To: Elaine Echols Cc: Gary McGee; Don Franco Subject: Re: Forest Lakes Elaine: Sorry for the delay in getting back to you. I've been in court. Since I wrote that email that you want to forward, I've talked to Don and Gary McGee regarding the situation. I've told Don and Gary that the Forest Lakes Community Association is getting tax advice right now on some issues regarding how the two properties are going to be transferred. My understanding is that Don and Gary want to wait until that tax advice comes through and FLCA and FLA figure out how the transfer of the properties is going to be structured before any final decisions on zoning are made. Our accountant should be getting back to me in the next few days, at which point I'm going to call Gary and Don and see what we can work out. I've copied this email to both Don and Gary. Best regards, John Kitzmann John H. Kitzmann, Esq. DAVIDSON & KITZMANN, PLC 211 East High Street Charlottesville, Virginia 22902 Tel.: (434) 972-9600 Fax: (434) 220-0011 Email:jhk�dklawyers.com Web: www.dklawyers.com Original Message From: Elaine Echols To: jhk@dklawyers.com' Sent: Thursday, August 12, 2004 1:40 PM Subject: RE: Forest Lakes I don't know if you received this email, but, I'd like to forward your current position to Don Franco with Forest Lakes Associates, unless you've been in touch with him since last Friday. I have talked to our County Attorney and he believes that we need a solid, not an approximate number. So, whatever number you and Forest Lakes Associates ultimately arrive at will be the ceiling for number of units to be served. Please let me know as soon as you can. I will be out of the office next week. Elaine Echols 8/27/2004 Page 2 of 3 From: Elaine Echols Sent: Monday, August 09, 2004 2:04 PM To: 'jhk@dklawyers.com' Subject: FW: Forest Lakes John -- do you mind if I send this email to Don Franco? From: John H. Kitzmann [mailto:jhk@dklawyers.com] Sent: Friday, July 30, 2004 12:53 PM To: Elaine Echols Cc: Barb Fehse Subject: Forest Lakes Elaine: Sorry for the delay in getting back to you on your phone message. The FLCA has authorized me to assist them throughout the process of getting the two swim clubs transferred from Forest Lakes Associates (FLA)to FLCA. Unfortunately, my main contact with the Board was not previously through the president, but through a Board member. My understanding at that time was that the Board was agreeable to the special use permit as currently written. After speaking with the president, I need to amend my position and clarify that the Board wishes to investigate the potential impact of the proposed special use permit on both communities before putting forth an official position on the special use permit. My understanding of the wishes of the FLCA and the FLA are as follows: 1. FLA wants to transfer the two swim clubs to FLCA on December 15th 2. FLA wants to ensure that its new development of approximately 118 dwelling units adjacent to Forest Lakes South will have the use of one or both swim clubs 3. FLA wants to obtain a special use permit to allow residents of Forest Lakes North to use the South club and vice versa. 4. As to the addition of 118 units, FLCA wants to look at the current capacity of the clubs to ensure that it can handle an additional 300+ members (assuming 2.5 persons multiplied by 118 units). I have to check on the current membership of the South club. I think the combined membership of both clubs is 635 so adding 300+ members would be a 50% increase. 5. As to North residents using the South club and vice versa, FLCA thinks it is true that some members of Forest Lakes North use both the North and South swim club and some members of Forest Lakes South use both the South and North club. However, beyond anecdotal evidence, I don't think anyone knows how prevalent this behavior is. I, for example, live in Forest Lakes North, but did not know until I became involved in this process, that I could use the Forest Lakes South club if I wanted to. Many members may not know that they can use either club, and many members may accordingly not currently use both clubs. We just don't know. The two clubs are different (the South club being smaller). I'm not confident that the Forest Lakes South club (being much smaller) could handle it if all Forest Lakes North members (as well as the 118 additional 8/27/2004 Page 3 of 3 units) decided to use the South club. I will try to obtain some statistics from FLA and from FLCA on how much cross-use is going on and if either swim club has a number of person limit on its capacity. Until I get that information, the Board wants to hold off giving its approval of the proposed special use permit. Please let me know your thoughts. Best regards, John Kitzmann John H. Kitzmann, Esq. DAVIDSON & KITZMANN, PLC 211 East High Street Charlottesville, Virginia 22902 Tel.: (434) 972-9600 Fax: (434) 220-0011 Email:jhk@dklawy_ers.com Web: www.dklawyers.com 8/27/2004 Page 1 of 2 Elaine Echols From: Elaine Echols Sent: Wednesday, August 11, 2004 11.41 AM To: Greg Kamptner Cc: Jan Sprinkle Subject: RE: Forest Lakes Thanks. We will get a hard number that both parties can agree to. We actually do care who uses the facilities. The facilities were originally built for these 2 neighborhoods and rely in small part on the foot-traffic to the facilities and in large part on the neighborhood streets for access. If the facility is open to the general public, transportation impacts will occur that must be analyzed. So far, they have not asked us to do this analysis. The purpose of the special use permit is to legitimize the cross-use by two neighborhoods of facilities built for these two neighborhoods and for the future use of 125 more units adjacent to these two neighborhoods. That is why the condition is important. Thanks again. Elaine From: Greg Kamptner Sent: Wednesday, August 11, 2004 11:36 AM To: Elaine Echols Subject: RE: Forest Lakes I'm assuming that Zoning will determine that"approximately 125" is unenforceable, so the simple solution would be to delete "approximately." However, I think the approach suggested by Jo's motion ("Ms. Higgins amended the motion to say that it shall be in the approximate range of 125 units."-- page 8 of the July 13, 2004 PC minutes) and adopted by the PC is that staff should consult with the applicant and the HOA and determine what the appropriate, specific number should be, and that specific number should be in the approximate range of 125. Note also in my July 13, 2004 email to Margaret D, I said the following. "Given that the use is allowed by SP, does the County care who actually uses the facilities'? The scope of the use would be controlled by the sizes of the lots, the buildings and the available parking." Greg Kamptner Assistant County Attorney County of Albemarle gkamptne@abemarle org Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not the designated recipient,you are requested to delete this message 8/11/2004 Page 2 of 2 immediately and notify me that you received this email by mistake. Thank you. From: Elaine Echols Sent: Wednesday, August 11, 2004 10:38 AM To: Greg Kamptner Subject: FW: stupid stuff Any chance you have gotten to this yet? From: Elaine Echols Sent: Friday, July 30, 2004 1:37 PM To: Greg Kamptner Subject: stupid stuff Hi Greg -- This is stupid stuff but has to be done. I think the conditions are getting back on track for Forest Lakes clubhouses, although it has been deferred for now. Assuming the condition as a whole doesn't change, I don't think we can enforce and "approximately 125" condition. Any thoughts? I think it has to be a discrete number but the PC didn't want it to be. I'd like to recommend it just be 125 but somehow make sure that we didn't neglect to tell the PC that the "approximate" condition wouldn't work. If you can think of how to rewrite that part of the condition such that the PC's intention is included, could you let me know. Thanks. Elaine Elaine K. Echols,AICP, Principal Planner Albemarle County Dept. of Planning and Community Development 401 McIntire Road Charlottesville,VA 22902 434/296-5823 x 3252 vsv.albemarle.org 8/11/2004 THE KESSLER GROUPthekesslergroup.com July 2,2004 Ms. Margaret Doherty Albemarle County Department of Planning&Community Development 401 McIntire Road, Room 218 Charlottesville,VA 22902-4596 RE: SP 2004-00017 Forest Lakes South Swim and Tennis Club SP 2004-00016 Forest Lakes North Swim and Tennis Club Dear Ms. Doherty, Thank you for your initial review comments on the referenced application submitted April 19,2004. As required,this letter provides a written response to your comments as outlined in your facsimile dated May 19,2004. Planning Department Comments: These are existing facilities, approved as an accessory uses to the Forest Lakes North and Forest Lakes South. The special permits will allow both facilities to be used by the members of Forest Lakes North, Forest Lakes South, Spring Ridge, Lanford Hills, Pineridge and future contiguous development by Forest Lakes Associates. These comments may be revised to include provisions for parking. These facilities are subject to the supplemental regulations of 5.1.16. The existing facilities at the Forest Lakes South and Forest Lakes North Swim and Tennis Clubs satisfy the requirements as outlined in sections 5.1.16a and 5.1.16b. Included with this letter are the site plans for Forest Lakes South,dated January 4, 1996,and Forest Lakes North,dated May 4, 1989. We would like to include a provision for concessions, section 5.1.16e,as part the special use permits for both Forest Lakes South and Forest Lakes North. Upon the advice of our attorney,we are requesting to revise the language above from the existing"and future contiguous development by Forest lakes Associates"to"and future development subject to the Forest Lakes Covenants and Restrictions." Additionally,we would like to refer to the Pineridge neighborhood instead as TMP 46.26F. We have not received any comments including provisions for parking. Thank you for comments and review. Please contact me with any questions or concerns. Sincerely, Lori Meistrell cc. Don Franco P.O. Box 5207, Charlottesville, Va 22905 (434) 979-9500 FAX (434) 979-8055 tkg@thekesslergroup corn �oY��3 1It1l1 o . 9 virtctts\� ALBEMARLE COUNTY Department of Planning and Community Development 401 McIntire Road Charlottesville,VA 22902 (804)296-5823 x3250 Fax (804)972-4012 FACSIMILE TRANSMITTAL SHEET TO FROM Lori Mestrell Margaret Doherty COMPANY DATE Forest Lakes Associates 5/19/2004 FAX NUMBER TOTAL NO.OF PAGES INCLUDING COVER. 979-805514 ' ice Le)VA- kS C 2 UD6L?Y"tk. SP-2004-016 Forest Lakes North R4 These are existing facilities, approved as an accessory uses to the Forest Lakes North and Forest Lakes South. The special permits will allow both facilities to be used by the members of Forest Lakes North, Forest Lakes South, Springridge, Lanford Hills, Pineridge and future contiguous development by Forest Lakes Associates.These comments may be revised to include provisions for parking. These facilities are subject to the supplemental regulations of 5.1.16 which are included for you use. 5.1.16 SWIMMING,GOLF,TENNIS CLUBS Each swimming,golf or tennis club shall be subject to the following: a.The swimming pool,including the apron,filtering and pumping equipment, and any buildings,shall be at least seventy-five(75)feet from the nearest property line and at least one hundred twenty-five(125)feet from any existing dwelling on an adjoining property,except that,where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five(25)feet from the nearest property line of such land in a commercial or industrial district; b.When the lot on which any such pool is located abuts the rear or side line of,or is across the street from,any residential district,a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district; c. (Repealed 6-14-00) d.The board of supervisors may,for the protection of the health,safety,morals and general welfare of the community,require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines,additional parking space, location and arrangement of lighting, and other reasonable requirements; e.Provision for concessions for the serving of food,refreshments or entertainment for club members and guests may be permitted under special use permit procedures. \\Cob-dts01\CityViewLnk\Docs\SP200400016\Forest Lakes Pools 20004-16&17.doc